The Islamabad High Court (IHC) has summoned Caretaker Prime Minister Anwaar-ul-Haq Kakar for the third time on Monday regarding a case concerning missing Baloch students. The court adjourned the hearing until February 28, 2024.
During the proceedings, a bench headed by Justice Mohsin Akhtar Kayani underscored that the ” caretaker prime minister should not consider coming to court as an insult.”
The IHC judge added that for the next hearing, the caretaker prime minister ought not to go to Karachi but instead, appear before the court.
“No individual holds immunity from the law,” the judge remarked, emphasizing that the prime minister was summoned because he is “answerable.”
Reports indicate that Justice Kayani expressed dissatisfaction over PM Kakar’s absence and also sought updates on other caretaker ministers and key officials, including the interior secretary. Interior Secretary Aftab Durrani eventually appeared before the court, addressing the judge’s concerns.
Earlier, Justice Kayani had issued a written order summoning PM Kakar, along with defense and interior ministers, and respective secretaries, to ensure their physical presence during today’s hearing.
At the commencement of the hearing, IHC’s Justice Mohsin Akhtar Kayani remarked, “It took two years to recover the citizens of our country, but not all children have been reclaimed yet.”
He further stated, “There are no charges of conflicts, narcotics, or any other offenses against them. We handle more delicate cases of missing persons.”
Responding to the judge’s inquiry regarding the recovery of the 12 missing students, AGP Awan stated, “As per my information, eight students remain unrecovered.”
Justice Kayani requested the AGP to furnish details concerning the criminal cases filed against the missing persons and whether state institutions bear responsibility for enforced disappearances.
He noted, “It is incumbent upon state institutions if these individuals either absconded or were abducted by a third party.”
“The individuals who were reclaimed have no cases on record against them,” the judge observed, adding that a citizen was apprehended without a first information report (FIR) from Islamabad F6.
The judge lamented that three governments were unable to do anything to retrieve the missing Baloch students. “Currently, there is a caretaker government; before that, there was a government for 16 months. Even the previous administration failed to address the issue of missing persons,” he remarked.
The judge emphasized that the defense and interior secretaries, as well as the director-general of Inter-Services Intelligence, and director-general of Military Intelligence (Pakistan) are all civil servants. “All these officials are accountable; no one is above the law,” he asserted.
Proposing the formation of an inquiry committee comprising the heads of all three institutions, the judge suggested seeking a report from them.
“Why should we summon the PM? Let’s establish a committee consisting of individuals from the same organizations who are being accused,” Justice Kayani proposed.
The AGP requested the court to allow some time for the new government to formulate a policy.
The judge queried if the new government would condone enforced disappearances. He added that certain institutions should not receive the exemptions they currently enjoy.
Justice Kayani cautioned, “You should dread the moment when someone rises against the law enforcement agencies.”
Addressing the interior secretary, the judge remarked, “One day, someone will, in an act of resistance, gun down those who come to their homes.”
In the previous hearing on February 13, the court had directed the interim premier to appear before the bench.
At the outset of the previous hearing, the assistant attorney general (AAG) requested an adjournment as the attorney general was unavailable. However, the request was denied.
Justice Kayani reiterated that individuals involved in enforced disappearances should receive the death penalty. “Those implicated in [enforced disappearances] should be given the death penalty twice,” he asserted. He then called upon the caretaker PM to personally elucidate why a case should not be filed against him.
However, the advocate general implored the court for more time in the case. Yet, Justice Kayani declined to entertain the government’s plea.
This marks the second time PM Kakar has been summoned by the IHC. He was last summoned on November 22, 2023, to personally appear before it in the case filed by Advocate Imaan Mazari. However, he was unable to attend as he was not in the country.
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